• What is the difference between cybercrime; hi-tech crime; and computer-facilitated crime? Knowing what cybercrime entails can assist users to be more alert. Refer to the article published on p10 and p11 of Servamus: June 2020..

    What is the difference between cybercrime; hi-tech crime; and computer-facilitated crime? Knowing what cybercrime entails can assist users to be more alert. Refer to the article published on p10 and p11 of Servamus: June 2020..

  • Social media is not all about being connected – it comes with a lot of pressure about what you say or share and can even have a negative impact on your career. Refer to our articles about social media published on p21 and p28 of Servamus: June 2020.

    Social media is not all about being connected – it comes with a lot of pressure about what you say or share and can even have a negative impact on your career. Refer to our articles about social media published on p21 and p28 of Servamus: June 2020.

  • Do you know what hacking, money muling and supplier side scams entail? Learn more about these concepts to ensure that you are not these cybercriminals’ next victim. Refer to the articles published on p30; p32 and p38 of Servamus: June 2020.

    Do you know what hacking, money muling and supplier side scams entail? Learn more about these concepts to ensure that you are not these cybercriminals’ next victim. Refer to the articles published on p30; p32 and p38 of Servamus: June 2020.

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- Ms KS v Mr AM 2018 (1) SACR 240 (GJ)

Introduction
Section 7(1) and (2) of the Domestic Violence Act 116 of 1998 provides as follows:

“7. Court’s powers in respect of protection order

(1) The court may, by means of a protection order referred to in section 5 or 6 [of Act 116 of 1998], prohibit the respondent from -

(a) committing any act of domestic violence;

(b) enlisting the help of another person to commit any such act;

(c) entering a residence shared by the complainant and the respondent: provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;

(d) entering a specified part of such a shared residence;

(e) entering the complainant’s residence;

(f) entering the complainant’s place of employment;

(g) preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in subparagraph (c) supra] from entering or remaining in the shared residence or a specified part of the shared residence; or

(h) committing any other act as specified in the protection order.

(2) The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant, including an order -

(a) to seize any arm or dangerous weapon in the possession or under the control of the respondent, as contemplated in section 9 [of Act 116 of 1998]; and
(b) that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property.”

(Particulars in square brackets inserted by Pollex.)

Note that in what follows now, the “complainant” is Ms KS and the “respondent” is Mr AM.

Discussion
Ms KS and Mr AM had an intimate relationship which began after they met during May 2014. During January 2015 Ms KS came to know that Mr AM was in fact a married man. After an uninvited visit by the wife of Mr AM and two of her friends to Ms KS, the latter terminated her relationship with Mr AM.

Mr AM, however, refused to accept the termination of the relationship by Ms KS. Mr AM then started to make telephonic threats to Ms KS and through text messages. Mr AM also created a Facebook account during July 2015, by which he befriended Ms KS’s friends and sent text messages of a defamatory nature about Ms KS.

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[This is only an extract of a discussion published in Pollex legal column in Servamus: November 2019 on p 64. If you are interested in obtaining the rest of the discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or phone (012) 345 4660 to find out how. Ed.]

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Servamus - June 2020

In February 2020, a family from Pretoria East had a harmful experience with a smartwatch which was meant to keep their children safe.
By Kotie Geldenhuys
When Anita* (a widow) found love via an online platform, she was thrilled.
By Kotie Geldenhuys
One unforeseen consequence of the emergence of the Internet, is the rapid increase in the illicit trade in child sexual abuse images and videos worldwide.
By Kotie Geldenhuys
The world around us is evolving at a rapid pace.
By Adv Jacqueline Fick

Pollex - June 2020

Read More The doctrine of common purpose and the crime of rape powered by social2s - S V Tshabalala; and S V Ntuli CCT 323/18 and CCT 69/19 (11 December 2019) (CC)
On 20 September 1998 (more than 20 years ago and while common law rape was still in operation) a group of young men - the two accused persons Mr Tshabalala and Mr Ntuli, together with their co-accused - went on a rampage in the Umthambeka section of the township of Tembisa in Gauteng.
Read More - S V Masuku 2019 (1) SACR 276 (GJ)
Mr Masuku, the accused, appeared before the regional court in Johannesburg (“the trial court”) on two charges of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, read with section 51(1) and, further read with Schedule 2 of the Criminal Law Amendment Act 105 of 1997 (which provides for minimum sentences).
Read More - Van Rooyen and Another V Minister of Police 2019(1) SACR 349 (NCK)
The main characters in this legal drama are the following (note that the particulars of some of them are not mentioned in the judgment per se infra, accordingly Pollex found it on the Internet):

Letters - June 2020

NAME: W/O L H Zandberg STATION: Pretoria Central SAPS
Congratulations to Pollex for reaching 400 not out. Thanks for your assistance throughout the years. May God bless you with good health and joy and happiness, Brigadier.
“To sue or not to sue: May a public school be held liable when things go wrong?”
I want to take this opportunity to thank Servamus because, as a legal advisor in the police I cannot do it without Servamus.
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Servamus is a community-based safety and security magazine for both members of the community as well as safety and security practitioners with the aim of increasing knowledge and sharing information, dedicated to improving their expertise, professionalism and service delivery standards. It promotes sound crime management practices, freedom of speech, education, training, information sharing and a networking platform.